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(영문) 인천지방법원 2015.10.22 2015고단5308
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 21:50 on May 15, 2015, the Defendant, at the “D” restaurant located in Incheon Strengthening Group C, brought a dispute with the victim E (the age of 48) and “dwarfing,” etc., and reported the victim returning home on the road in front of the above restaurant, and caused the victim’s head, who gets the victim’s head, and caused the victim’s injury, such as tearing the number of days of treatment to approximately 0.5cm and breathing the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes on records in an emergency room;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] The mitigated area (one year to six months), the mitigated area (one year and six months), the mitigated area (one year and six months), the special injury by habitual injury, repeated offense, and special injury) [the special mitigation operator] [the decision of a sentence] is highly likely to commit the crime, such as being carried an empty disease, which is a dangerous object, and inflicting an injury on the victim, one time the suspended sentence is suspended (injury, etc.) and two times of criminal records, the fact that there is agreement with the victim, the fact that there is an agreement with the victim, the defendant's age, character and conduct, environment, the motive and circumstances leading to the crime of this case, the circumstances after the crime, etc., shall be determined as per the order.

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